fall03
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Entering Class Proves Highly Selective The Law School this year saw the largest number of applications in its history- 2,431 - exceeding by a substantial margin the previous high -2, 108- recorded in 1991. Over the last five years, the number of applicants has increased 95 percent.
Faced with th is applications boom, the Law School accepted just 23 percent of those who applied , making the entering class one of the most selective ever. Michelle L. Rahman , director oflaw admissions, said the class has "the highest credentials in our history" in terms of grade point average and LSAT scores. It also is the most diverse in terms of geography and ethnicity. "I think we' re in for a banner year," she said.
YEAR APPLIED ACCEPTED CLASS SIZE
1999 1,246 44%
2000 1,450 37%
2001 1,545 37%
2002 1,864 31%
2003 2,431 23%
Students come from 28 states, three foreign countries (China , India and Korea) and 76 U.S. universities.
The median LSAT score is 160, up from 158 last year, 157 in 2001 , 158 in 2000 and 157 in 1999.
The median GPA is 3.36, up from 3.30 last year, 3.21 in 2001 , 3.12 in 2000 and 3.18 in 1999.
The class includes 72 students from Virginia . Other states sending the most students to the Law School are Texas (11), North Carolina (9) , New York (8) and Pennsylvania (7) .
(Some numbef5 may have changed slightly since the school year began.)
156
161
171
178
164
• MALE/FEMALE
38/62% 54/46%
39/61% 52/48%
44/56% 53/47%
43/57% 50/50%
55/45% 57/43%
The magazine of the
UNIVERSITY OF RICHMOND
SCHOOL OF LAW
EDITOR Rob Walker
ART DTREC!lON AND DESIGN Design Manifesto EDITORIAL OFFICE Maryland Hall, University of Richmond, VA 23173 E-MAIL [email protected] TELEPHONE (804) 287-6317 FAX (804) 287-6491 IA W Al.UMN! AND DEVELOPMENT OFFICE Anne DuBois Jacobson,
Director of Advancement Angela K. Schettine
Associate Director, Development and Alumni Programs
Mary Grace Greer, Coordinator, Development and Alumni Programs
E-MAIL [email protected] TELEPHONE (804) 289-8028 FAX (804) 289-8985 WORLD WIDE WEB http://law.richmond.edu/
©2003, UniversityofRichmond Schooloflaw. 7bisbookmay not be reproduced in whole or in part without express pennission from the law school development and alumni office.
Richmond law, of which this is Volume 16, Number 2, is pul>lisbed biannually for the alumni and friends of the University of Richmond School of Law, University of Richmond, VA23173.
KEY TO ABBREVIATIONS School of Arts and Sciences
Robins School of Business
School of
A
B
Continuing Studies C Graduate School of Arts and Sciences G
111e Richard S. Reynolds Graduate School of the Robins School of Business GB
Honorary degree H
Jepson School of Leadership Studies J University of Richmond School of Law L
Rkhmond College R
Westhampton College W Cover photo by Doug Buerlein
CONTENTS Fa/1 2003
FEATURES
6
10
14
Summer school
Law students work and learn in the public interest
By Rob Walker
Married to the law
Husband and wife lawyers seek to balance the scales
By Anne Buckley
Rod Smolla
A letter from the Law School's new dean Teacher, author, scholar, litigator , Smolla raises the bar
By Karl Rhodes
DEPARTMENTS
2 For the Record News and events in the law school
21 Faculty Briefs News and achievements of faculty
22 Nota Bene Alumni recognition and alumni events
24 Class Actions Class news and alumni profiles
FOR THE RECORD
Schlesinger calls on graduates to balance public, private rights
Federal Judge Harvey E. Schlesinger, L'65, told the 157 members of the 2003 graduating class of the University of Richmond School of Law that their responsibility is "to preserve and pass on our heritage of libe1ty and freedom."
Quoting legendary jurist Learned Hand, Schlesinger told the "soon-to-be" lawyers, "Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it. No constitution, no law, no court can even do much to help it. "
The country is undergoing many changes, Schlesinger said in his May commencement address, the chief of which is trying to find a "balance between public and private rights" in the wake of the "unprecedented attacks" of
2 RI CHMOND LAW
Sept. 11. He warned about increasing assaults on Americans' liberties that "start as a trickling stream but could soon become a torrent."
"No American need ever be ashamed of this country," Schlesinger said. "For over two centuries, we have practiced a representative government based on the divine right of the individual" and the "greatest good for the greatest number."
Americans enjoy greater personal freedom than in any other system, he said, and the graduates "will be caretakers" of that system.
Schlesinger is a recipient of the law school's William Green Award for Professional Excellence. He is judge of the U.S. District Court, Middle District of Florida.
Speaking for the faculty, Rodney A. Smolla told the
graduates that Chief Justice John Marshall came to him in a dream the night before and impa1ted two words of advice: family and justice. Smolla, then the George E. Allen Professor of Law, became dean of the law school]uly 1.
"One of the hardest things in life," Smolla said, "is to balance the needs of one's family with the demands of professional life.
"If you lose friendship and companionship and love, you lose the meaning of life" Smolla said. "If you let your job take over, you may conquer the universe but lose your soul.
"I believe [lawyers] will always be keepers of our great tradition of justice," Smolla said, "a condition that marks the progress of the human race.
"All of the issues that decide our character and our place in the world , lawyers are part of," Smolla told the class, but "the law must evolve as you must evolve."
Student speaker John N. McPadden jokingly told his classmates, "If the accounting scandal keeps up, lawyers will no longer be the most hated people in America ."
Lawyers do serve a useful function , however, he said, "Without lawyers , McDonald's might have the temerity to serve hot coffee."
On a serious note, he said he had "never met a better group of people" than he had at the law school.
By Randy Fitzgerald, R'63
'
FOR T HE RECO RD
Awards at Commencement
ABA/BUREAU OF NATIONAL AFFAIRS INC. AWARD FOR EX· CELLENCE
Heather King Hays Emily Domalski Kinzie Lisa Marie Medina
CUDLIPP MEDAL Emily Domalski Kinzie
FAMILY LAW AWARD Georgia Smith Hamilton
INTERNATIONAL ACADEMY OF TRIAL LAWYERS STUDENT AD· VOCACY AWARD
Jacqueline McClenney-Neal
NINA KESTIN SERVICE AWARD Lauren Jeanne Brown
LAW SCHOOL SCHOLARSHIP AWARD
Michael Austin Culpepper
NATIONAL ASSOCIATION OF WOMEN LAWYERS AWARD
Heather King Hays
CHARLES T. NORMAN AWARD Lauren Jeanne Brown
ORRELL-BROWN AWARD FOR CLINICAL EXCELLENCE
Michele Kathleen Burke Devon Williams Cushman
PRO BONO AWARDS Jaime Hibbard Blackmon Kathryn Jane Cook Debi Michelle Dorfsman Tara Ann Manson C. Hailey Vaughn Robertson Lisa Marie Sommermeyer
VIRGINIA TRIAL LAWYERS ASSOCIATION ADVOCACY AWARD
Darcey K. Donahey
ORDER OF THE BARRISTERS Suzanne 0 . Cress Devon Williams Cushman Darcey K. Donahey Carl Eldred Jennifer Noelle Hicks Charles Jerry Homiller Emily Domalski Kinzie Tara Ann Manson Jacqueline McClenney-Neal Amanda Gail McDonald
1 John C. Ivins Jr., Law School Association president; John R. Pagan, former dean; June R. Aprille, provost; William E. Cooper, University president Kathryn Cook
John D. McPhaul II Student processional
Judge Harvey E. Schlesinger, L'65 6 Professor Jonathan K. Stubbs left) and Earl H.
McClenney Jr., L'80 7 Michael Freeman (left) and former Professor
Michael Allan Wolf
Fa/12003
,. ••• peor~lo who cannot represent themselves need
good legal help."
r LaW students work and \earn
. \n the pub\\c ~ '· \ nterest By Rob Walker
Eight Richmond law students spent last summer earning a
few dollars, plenty of hands-on experience and heaps of praise
by working at agencies that practice law in the public interest.
T he eight were selected from 42 applicants for
$1 ,200-$2,700 fellowships provided by the
Virginia Law Foundation, the Public Interest Law
Association and Phi Alpha Delta legal fraternity. Each
selection was based on an essay and on demonstrated
commitment to public interest work.
The fellowships enable students to put law school
theories into practice while sensitizing them to the importance of public service work, said Beverly Boone,
director of career services at the law school.
They also provide organizations that employ the
interns with skilled, enthusiastic workers they otherwise
would be unable to afford. The organizations serve
indigent clients, facilitate the administration of justice or
assist with government functions .
The Legal Information Network for Cancer (LINC) is
one employer that counts on the program. According to
Victoria Pearson, client services director, "Ours is a small
6 RJCHMOND LAW
office with a three-person staff and we greatly depend on
the interns' contributions."
Interns screen clients, assess issues and assist clients
by reviewing documents and contacting lawyers who
work with LINC, usually on a pro bono basis. They often
shadow the attorneys to lend a hand and to see the
process through.
"They are excellent with the clients," Pearson said. "We've found that they are not only eager to learn, but
they also bring great insight to the work. A lot of prob
lem-solving goes on here and the interns are very
helpful, very involved in that. "
Rodney A. Smolla, law dean, hopes to see the
program grow.
"We need to dramatically increase the number of these
summer intern options for our students, both to provide
opportunities for our students and as a measure of our
commitment to the community. It will be a priority. "
John K. Karanian, Psy.D. On my third day at the Commonwealth of
Virginia 's Office of the Capital Defender, Central Region, three attorneys and I visited a client
charged with capital murder. The discussion
centered on the client's decision to accept a plea bargain for life in jail or opt for a trial, which could result in execution. Each attorney discussed the risks and benefits of the choices, and the client listened intently. I stood and listened and considered the difficulty and gravity of such a decision.
The client then looked directly at me and asked, "What do you think?"
I chose the internship
because of the complexity of capital murder litigation, my interest in
criminal law and the significant role mental health plays in the
mitigation pottion of capital trials. My interest in criminal and mental
health law developed
from my practice as a clinical and forensic
psychologist that included performing psychological evaluations for the U.S.
Bureau of Prisons, Central State Hospital 's maximum
security forensic unit and the CIA.
The client then
looked directly
at me and asked,
"What do you
think?"
Last sununer's work allowed me to apply the didactic training I received in the Capital Murder
Litigation course. I met with capital murder defendants, reviewed medical and psychological records and evaluations, and assisted in formulat
ing mitigation. I briefed topics such as Batson challenges in voir dire and application of the "triggem1an rule." Because tl1e office is small, I
collaborated with each of the attorneys, the investigator, and mitigation specialist.
The fellowship I received allowed me to
explore the area of law in which I am interested and enabled me to develop an understanding of the complexities of capital murder defense. It
helped me prepare to answer the next capital defendant who asks, "What do you tlunk?"
SUMMER SCHOOL
Theresa Gryder I chose to intern with the Chesapeake Common
wealth Attorney's office to gain experience in crinunal prosecution, which has been my primary area of interest from the moment I first considered
Watching and
working with
other attorneys
has been invalu-
able in hel ping
me assess and
pursuing a law career. Having completed a civil clinical placement with the
Richmond city attorney's office last semester, I wanted to see the criminal
side of government law to
compare it with civil practice.
A typical day started with court in the morning, followed by legal research
and writing in the afternoon. Most of the cases I handled were DUI's, bond hearings refine
trial and nusdemeanor appeals like traffic violations,
techniques damage to property, assault,
possession of marijuana. I tried a felony -malicious wounding.
Watching and working with other attorneys in
General District, Juvenile and Domestic Relations, and Circuit Courts has been invaluable in helping me assess and refine my own trial techniques, as
well as learn courtroom procedures. I wrote several appellate briefs and research memos for
other attorneys in the office. The most surprising aspect of the experience
was the range of legal issues that confront a prosecutor. I never thought I would see property
law again except on the bar exam, but I had to conduct research on topics such as whether chattels used in connection with realty are consid
ered fixtures in a damage to property case. I also had to try to deternune whether a defense attorney is considered a public servant under the bribery
statutes and whether a bail bondsman is consid-ered an agent for the surety company that insures
his bonds. ancy Parr, L'83, chief deputy commonwealth's
attorney for the city of Chesapeake, offered the position to me. I am indebted to her and to Phi
Alpha Delta for the fellowship that enabled me to
accept it.
Fa/12003
SUMMER SCHOOL
8 RICHMOND LAW
Ryan D. Frei I accepted my internship with the Alexandria
public defender's office because of its reputation, the comprehensive range of practical legal skills I would be able to apply and for the opportunity to
use one of my college majors - Spanish. Several friends and professors had told me that a public defender's office, typically small and limited in
resources, would need my assistance and would
thrust me into legal contexts with a wide range of
responsibilities. The experience was
everything I expected.
On day one, I accompanied an attorney to the Alexandria
Detention Center to translate for Spanish-speaking clients. At one point, I was within 10 feet of the cell housing
Zacarias Moussaoui, the "20th hijacker."
During my second week, my attorney gave me transcripts
I felt as
though each
case was, in
a sense, my case.
from defense motions and trials and essentially told me to learn the facts, get a sense for appellate issues and draft a brief for submission to the Court
of Appeals of Virginia. I learned Virginia appellate procedure and formalities largely on my own,
crafting an original argument to question our client's convictions on felony charges.
Each week, I assisted my attorney in prepara
tion for court proceedings, ranging from arraignments to post-trial sentencing hearings. By
participating in the numerous stages of the
criminal process, I gained valuable experience in litigation while learning evidentiary rules and criminal procedure.
The most rewarding aspect of my job was working with my attorney on one of her biggest trials. I visited our client in jail weekly, contacted
witnesses and interviewed them in Spanish, followed leads and tips, completed subpoena orders, helped draft motions and brainstormed
with my attorney to develop defense strategies. I felt as though each case was, in a sense, my case.
As a cash-strapped law student, I would not
have been able to experience substantive and
procedural law without the grant.
Stacie Cass When diagnosed with cancer, people are bom
barded with previously unimaginable issues that reach beyond the medical. The Legal Information Network for Cancer (LINC) is a non-profit, commu
nity-based organization that assists individuals with some of the legal concerns they face following diagnosis. Founded in 1996 by breast cancer
survivors Phyllis Katz, L'82, and Ann Hodges, a Richmond law professor, LINC strives to free cancer patients from their worries so they can focus on treatment.
Through an extensive network of attorneys and counselors, LINC helps patients navigate the
frustrating and frequently urgent legal issues that threaten to leave them without housing, medical
I was reminded how important it is that people who cannot represent themselves have
good legal help.
care or other
necessities. LINC, which
relies on about 70
referral lawyers, has helped over 1,600 central Virginians
understand health insurance issues, the Family Medical
Leave Act, custody matters, wills, powers of attorney
and advanced medical directives. It helps them locate
housing assistance and child-care.
As an intern with
LINC, I evaluated the issues facing ·
callers to determine whether they needed assistance from a referral attorney, a counselor or staff member. I learned a great deal about a wide range of legal issues,
including housing, employment, Social Security, Medicare/ Medicaid, bankruptcy, domestic and insurance law. I often took calls from individuals
who had been told they had only a few days or weeks to live.
The urgency of problems faced by LINC clients
taught me about the law and helped develop my
time management and issue prioritization skills.
I also was reminded how impo1tant it is that
people who cannot represent themselves have
good legal help.
Some of our clients felt alone and called seeking
more than legal advice. I frequently found myself
listening to people who had nowhere else to turn
to express their fears, concerns or hopes. Their
strength in the face of devastating odds remains an
inspiration to me. I am grateful for tl1e opportunity
to serve my community.
Lauren Brady I was first exposed to public interest law during
summer 2000, when I interned at Blue Ridge
Legal Services in Harrisonburg, Va. Working for
dedicated attorneys and
staff who had chosen to
devote their careers to
legal aid and public
service inspired me to
seek a career in public
service advocacy.
Interning at Blue Ridge
was stimulating and
rewarding.
Last summer I
continued to pursue my
interest by working as a
volunteer intern at t11e
Housing Litigation
Bureau of the 1ewYork
City Department of
Housing Preservation
and Development, the
largest municipal
housing agency in tl1e
nation. The depart
ment's mission is to
improve the availability,
affordability and quality
of housing.
My internship allowed me to
take an active role
in providing legal assistance
to disadvantaged tenants who
find themselves with little bargaining
power.
I worked with bureau attorneys, assisting
tenants with actions against landlords who
violated the city housing maintenance code or the
New York multiple dwelling laws, and who
SUMMER SCHOOL
refused to make needed repairs at multiple
dwelling residences.
My internship allowed me to take an active role
in providing legal assistance to disadvantaged
tenants who find iliemselves with little bargaining
power. I spent two days a week working at the
Manhattan office, preparing for court and perforn1-
ing legal research. The remainder of my week was
spent attending housing court at the Bronx
courthouse.
I worked directly witl1 department attorneys,
participating in settlement negotiations and
obtaining court orders, communicating with
disgruntled tenants and interacting witl1 tl1e
landlords' counsel. Each day I gained valuable
practical experience by working for and witl1 t11e
public sector of one of tl1e largest and most effective
mayoral agencies in our nation's largest city.
This year's fellowship recipients were: Aaron Ahlquist, L'o4, Rochester, Minn .,
Central Virginia Legal Aid Society, Richmond
Lauren E. Brady L'o5, Richmond ,
New York City Department of Housing Preservation
and Development
Stacie Ann Cass, L'o5, Midd lebury, Conn.,
Legal Information Network for Cancer, Richmond
Ryan D. Frei L'o5, Vienna, Va., Office of the Public Defender, Alexandria, Va.
Theresa J. Gryder L'o3, Midlothian, Va., Commonwealth's Attorney, Chesapeake, Va .
John K. Karanian, L'o4, Richmond,
Office of the Public Defender, Richmond
Karri B. Seaman, L'o4, Vesuvius, Va .,
Commonwealth's Attorney, Chesterfield County, Va .
Robert M. Worster Ill L'o5, Fredericksburg, Va., Office of Public the Defender, Fredericksburg, Va.
Fa/12003 9
Married to the
By Anne Buckley
The law school grind often acts
as a bonding agent, drawing
classmates together in an
atmosphere that is part shared
adventure and ambition and
part shared misery.
10 RJCHMOND LAW
Husband-and-wife lawyers seek to balance the scales
Many graduates of the partners never face can make
University of Richmond School of simple events like dinnertime
Law find those bonds tum into interesting, either because the
lasting professional alliances. Some occurrences of the day beg to be
prove even more personal - as hashed out or avoided to
husband and wife. preserve confidentiality.
When both spouses practice Greg and Jennifer Golden,
law, issues that purely professional like a number of married
Richmond law graduates, realize
there are a plethora of ethical
concerns that could arise. Some
lawyer couples work around
them by practicing together.
Others find professional niches
where conflicts rarely present
themselves.
Greg, L'96, is a corporate
attorney in Washington, D.C., for
a large Texas firm, Baker Botts.
He handles issues such as
mergers and acquisitions,
securities offerings and project
finance.
Jennifer, L'97, is a real estate
attorney for Hunseker, Lyon &
Leggett, in Vienna, Va. Because
they practice in distinctly differ
ent fields, there is little chance
Greg and Jennifer will butt heads
professionally - which they both
appreciate.
The closest they ever came to a
conflict was when Jennifer
worked on Capitol Hill as counsel
for a congressman who sat on a
committee that had oversight of
energy issues - an area in which
Baker Botts is deeply involved.
"Some of our partners would
show up in her office and she
would have meetings with them,"
Greg said. That led to some quiet
evenings at home.
The potential for conflicts
between married lawyers is
considerable.
In Virginia, the Rules of
Professional Conduct specifically
address how married couples, or
people related in any fashion,
should handle potential conflicts.
Three years ago, Virginia's code
was changed to allow married
attorneys to represent clients on
both sides of an issue as long as the
client has been told of the situation
and has given consent. Prior to
2000, the code had been inter
preted as saying that marriage
posed a non-waivable conflict of
interest, according to James
McCauley, ethics counsel of the
Virginia State Bar.
Even with the code change,
Richmond law professor Jonathan
K. Stubbs said married lawyers on
opposite sides of a case is not the
best idea.
MARRIED TO THE LAW
"You have to deal with the
appearance of professional
impropriety," Stubbs said. "Law
yers have to be concerned that the
justice system not only works well
and is fair, but also that it appears
to the public to be fair.
"It's not going to appear fair if a
husband is on one side and the
wife on the other," he said. "It
doesn't pass the sniff test. "
In law school, Stubbs said,
professors teach students to err on
the side of showing standards that
are too high, rather than too low.
McCauley agreed with Stubbs.
"I'm not sure that the loosening
of this restriction was wise," he
said. "The lawyers and their
clients are in a situation in which
there has to be a high degree of
trust and confidence.
Fa /1 2003 11
MARRIED TO T HE LAW
"Any type of issue or set of Two lawyers in one marriage
circumstances that tends to cast also means both spouses under-
doubt or shadow on that trust is stand the stresses of couttrooms
probably not healthy for the and clients, and both can benefit
[lawyer-client] relationship," he from a trusted second perspective
said . "Even though the [new rule] on the legal landscape.
would permit lawyers to seek "You can talk about your
waivers from their clients, lawyers frustrations , or what's frustrating
need to think, and clients need to
think, very carefully about
whether that's in their best
interest. "
Some lawyers feel uneasy just
thinking about squaring off in
court. Some find sharing their
expertise and concerns with a
spouse who is a lawyer to be
helpful and comfortable.
Andrew Wood, L'67, and
Cheryl Wood, L'70, are partners in
the Richmond general practice
firm of Wood & Wood that deals
in a variety of civil and criminal
matters.
"It's great to have a built-in
second opinion," Cheryl said.
Their partnership does impose
some limits on them.
"If we had a divorce [case] and I
got the husband, she could not
represent the wife," Andrew
Wood said. "We're always on the
same side. That's why we practice
together. It's too complicated to
do otherwise."
12 R I CH~IO 'D LAW
about the other side, or strate
gies," said Margaret Nelson, L'87,
a criminal defense lawyer in
Lynchburg. "What would you do
with a judge? What's that lawyer
like? That's what helps make it
such a positive thing when you 're
with someone who knows exactly
what your tensions and anxieties
are in a trial.
"We are both trial attorneys,"
she said, referring to herself and
her husband, William Phillips,
R'82, L'85. "It takes a lot of time to
prepare for a jury trial. It helps the
other one to know what the other
one is going through. "
"We'd avoid [representing
different interests in a case] at
virtually any cost," said Phillips.
"Even with the consent, it would
probably be too stressful."
For many lawyering couples, the inevitable
disagreements that arise in
discussions at home highlight
what ineffective adversaries they
would be.
"We'll have some pretty absurd
arguments," said Josh Rahman,
L'98, whose wife Megan, L'98,
practices at a different Richmond
firm. "They usually end in laugh
ter, but in the heat of the moment
you try to use logic when you're
being completely illogical. I don't
think I've ever won an argument
with her."
Greg Golden said he hasn't
won one either, and his disagree
ments with Jennifer sometimes
lapse into legalese, courtroom
type objections and the works.
"And it's not nice to hear the
point you're making is irrelevant,"
he said.
Josh Rahman does business
transactional work for Durette
Bradshaw in Richmond, focusing
on commercial real estate. Megan
works for Troutman Sanders in
Richmond and focuses on com
mercial and business litigation
and white-collar crime.
While their firms sometimes
oppose each other, the Rahmans
stay out of those cases. Work stays
at work, and home is a place
where outside life takes center
stage, with allowances for the late
days both sometimes put in.
"By the time we get home at
night, all we want to do is decom
press," Josh said. "The nice thing
about having a spouse as a lawyer
is you don't have to explain your
day."
"I don't have an expectation
that she'll have a hot meal waiting
for me,'' he said. They eat at
Ukrop's a lot. "Whoever has the
time does what needs to be done."
Megan agreed.
"We understand that some
times you just can't control your
schedule,'' she said. "It's not a 9 to
5 job by any means. "
Juggling schedules soon will
take on a new dimension for the
Rahmans, who are expecting their
first baby in August.
It was that kind of schedule
juggling that kept the Woods
practicing together.
"I decided when we had
children I needed to arrange my
practice around them,'' Cheryl
Wood said. "I never set an ap
pointment I couldn't change to
M ARRJED TO THE LAW
accommodate the children's
schedules. I could only do that if
we practiced together. "
The arrangement sometimes
yielded days that looked more like
an episode of "Family Affair" than
"L.A. Law" at their Richmond firm,
which included a nursery space in
the early years.
"It's been an easy and good
way to raise a family," Andrew
Wood said. "When the kids were
born, she stopped work and then
just started back working as they
grew. She's always been at home
when they got out of school and
had dinner for them on the table."
Whether married lawyers
arrange their lives to suit their
careers, or vice versa, funny
moments surely arise.
Phillips recalled an instance at
the Lynchburg courthouse, where
most everyone knows he and
Nelson, who retained her maiden
name, are married.
"We had cases in the same
court one day and happened to be
sitting next to each other," Phillips
said. "My hair was sticking up,
and she took her hand and
smoothed it down. " One of the
deputies took note and let it be
known that "he was surprised Ms.
Nelson would do something like
that to Mr. Phillips" right there in
the courtroom.
Anne Buckley is a Richmond-based writer.
Fa/12003 13
DESIGNING A NEW FUTURE
An Open Letter to the Law School Community from
ROD SMOLLA
Our law school has a proud history of high
achievement in teaching, scholarship and service
to the legal profession and surrounding
community. In its 131-year history, the law
school has been home to many wonderful Speaking at commencement
teachers, scholars, administrators and staff, and its graduates have risen to places of high esteem
and leadership in the bar, the judiciary and civic life. We are now strategically poised to rise to new
levels of excellence in our educational mission, our scholarly accomplishment and our service to
society. All the ingredients for new levels of greatness are in place: a loyal and distinguished group
of alumni, an energetic and enthusiastic student body, an accomplished and ambitious faculty, a
dedicated staff, and a surrounding University that is intellectually vigorous, supportive of the law
school's mission and anxious to engage in partnerships in the pursuit of excellence.
The ingredients are indeed at hand. And now it's our job to stir them, mix them in creative
ways, and make exciting things happen. Nothing stands between our school and new levels
of greatness. All it will take is exuberance, energy and creativity. I do not have the answers,
but I have some of the questions. I am sure that for every impish question I pose, others
will come up with five more.
i4 RICHMOND LAW
Let's play 20 questions
What I set forth in these questions is not my "agenda." But it is an invitation to us all to devise an agenda. What steps must we take to become the greatest law school we can be? How can we improve what we are doing now? How can we create, innovate and collaborate to add new programs and initiatives, explore new approaches to legal education, new ways to integrate legal study with practical experience and connection to the community, new ways to bring the cutting issues of law and social policy through our building, contributing to society and the profession?
Are there ways to better combine
serving students with serving society?
Students are the life of the school, and the reason for its existence. In serving students, we serve society. What society most wants and needs from our nation's law schools are: students who will enter the profession imbued with a commitment to delivering legal services of the highest quality to clients; students
continued on page 18
ROD SMOLLA: TEACHER, SCHOLAR, AUTHOR, LITIGATOR, THE LAW SCHOOL'S
New Dean Raises the Bar By Karl Rhodes
Rod Smolla likes to mix it up - in the
classroom, in the courtroom, in virtually every venue
of his life.
In July, Smolla became dean of the
University of Richmond School of Law where he had
been George E. Allen Professor of Law for the past
five years. Professionally, he is a prolific writer,
teacher and litigator - an amazing amalgam of all
three. Personally, he is restless and tireless. He seems
capable of doing everything, incapable of doing
nothing.
In one of his 11 books, Smolla jolts awake from a
nightmare after being shot between the eyes in front
of his two little girls. Coming to his senses, he checks
on the sleeping children and heads for the kitchen.
"I could pull out a beer and hope to relax myself
enough to get back to sleep," he wrote. "Or I could
give up on the night, make coffee, and start the
day .... I made the coffee."
Smolla's nightmare was triggered by his reluctance
to represent the families of three murder victims.
(Two of the victims were shot through their eyes.)
They were killed by an assassin who followed
instructions from a book called Hit Man: A Technical
Manual for Independent Contractors. Attorneys for
the victims' families were suing the book's publisher,
Paladin Press, and they asked Smolla to join their
legal team. But the suit challenged his basic beliefs
about the First Amendment, and he refused.
Fa/1 2003 is
RAISING THE BAR
Later that day, Smolla could not stop thinking
about the case as he watched his girls at the
playground. "Not all in my life was what it seemed,"
he wrote in Deliberate Intent, his book about the
case. "The fa<;:ade looked real pretty, but beneath
the surface ... Something was missing. A line from
a Sheryl Crow song kept running through my mind:
'If it makes you happy, then why the hell are you
so sad?"'
Growing up in Chicago, Smolla played
sports and board games with his younger brothers
nonstop from dawn till dusk. And at 50, he still
makes time for some sibling rivalry.
"I have a daily online chess game with one of my
younger brothers as a way of keeping in touch," he
said. "My brothers and I still have that camaraderie."
Smolla went to Yale as a football recruit, but he
blew out his knee during his freshman year, and he
turned his attention to American studies.
"I had no inkling whatsoever that I might want to
be a lawyer when I was in college,'' he recalled. "My
fantasy was being drafted -
At the end of the football, basketball, base
ball, it didn't matter. I was a
typical, fun-loving jock." day, we can take
pride in having
helped make the
school stronger,
knowing that in
doing so we have
contributed to the
profession and
to society.
i6 Rl CHMOND LAW
Even as a senior at Yale,
Smolla wasn't sure what he
wanted to do with his life.
Law school was an option,
but he had only a dim
concept of what it would
mean to be a lawyer.
"I showed up at Duke
Law School and was
completely taken by it," he
said. "I started to realize
how relevant the law was to
social issues and to policy
conflicts, how richly it was
steeped in history."
After practicing law in Chicago, Smolla began a
teaching career that took him to law schools at
DePaul, the University of Illinois, the University of
Arkansas, the College of William & Mary and
ultimately the University of Richmond.
In the past 10 years, Smolla has become more
active as a practicing attorney, and he believes that
experience has made him a more effective teacher,
scholar and writer.
As a teacher, Smolla looks for creative ways to
present material, including simulations and role
playing exercises. "Sometimes these experiments
work and sometimes they don't work,'' he said. "But
any time you can empower students and get them to
use a fuller range of their skills, you make the
experience richer."
Smolla always respects student views, said Lauren
Brown Sigler, L'03. "That comes from what he does
when he puts his 'real-world' lawyer hat back on. He
must deal with very opposing views in his cases, and
I am sure he deals with his opponents in the same
respectful manner."
Sigler took two of Smolla's classes, constitutional
law and First Amendment law. "He constantly reminds
students that what you are learning in the classroom is
'live,"' she said. "The subjects we learn are affecting
people's daily lives."
Smolla rarely misses an opportunity to bring the
courtroom into the classroom, said John G. Douglass,
professor of law at Richmond. "Prior to his oral
argument before the U.S. Supreme Court in Virginia
v. Black, Rod did a number of things involving
students." he recalls. He met with the John Marshall
scholars for a lunchtime debate, and he invited
undergraduates to a forum on campus.
Law schools need to find ways to take what
students learn in the classroom and apply it to what
lawyers really do, said Daan Braveman, professor of
law at Syracuse University and co-author with Smolla
on Constitutional Law: Structure and Rights in Our
Federal System. Smolla excels in both arenas,
Braveman said. "The law school is fottunate, not only
to have him on the faculty, but now as its dean."
Smolla' s life seems filled with creative
tension - adversarial roles in his court cases, heated
discussions in his classrooms and terse prose in his
books. He also contends with the tension between
personal and professional obligations.
"There's a constant tension between paying
attention to your family and the spiritual sides of life
and meeting the demands of your job,'' he said. "Part
of the art of a good life is learning to balance them."
Smolla and his wife, Michele have five children in
their blended family. "I definitely have learned the art
of multitasking,'' he said. "I can be driving to a
basketball game for one of my kids while I'm
composing a book chapter in my head."
RAIS! G THE BAR
There is no doubt
in my mind that
our law school
already contributes
significantly to
national debate in
many ways, large
and small. But how
can we do more?
This is not reconunended in driving or parenting
manuals, but Braveman has confidence in Smolla's
ability to do two or three things well at the same
time. "He is one of the most efficient, well-organized
people I have ever met,'' Braveman said.
Often, it is this combination of roles that enables
Smolla to function so effectively. "My experiences in
practice have deeply affected my views of the law -
on the theoretical side and on the human side,'' he
said. "I've been able to see what happens when these
theories and doctrines are really put to the test. "
The Hit Man case put Smolla's convictions to
the test, and he had a change of hea1t -
professionally and personally. One of the victims was
a boy named Trevor, an 8-year-old quadriplegic.
"The thought of poor little Trevor and the accident
that had left him paralyzed left me maudlin," Smolla
wrote in Deliberate Intent. "A superstitious Catholic, I
made the sign of the cross and said a short prayer for
my [daughters'] safety. My prayers too often tended
to be like that - sporadic, transparent, self-serving.
Fall 2003 17
RAISING THE BAR
18 RICHMOND LAW
So I said another prayer of thanks on behalf of all
humanity. It made me feel magnanimous. I doubt
God was much impressed. "
Perhaps not, but Smolla was left with the
unmistakable impression that he needed to take the
case. "I finally knew where my conscience was trying
to take me," he wrote. "I knew in my heart that the
First Amendment simply could not plausibly be
interpreted to protect a book like Hit Man.
Smolla joined the legal team, and one business day
before the case went to trial, the insurance company
for Paladin Press agreed to pay a multimillion-dollar
settlement to the victims' families. Paladin also
agreed to stop selling the book.
Four years later, Smolla stood before the U.S.
Supreme Court to defend the First Amendment rights
of Barry Elton Black, a Ku Klux Klan member who
had violated a Virginia law against burning a cross in
public. Smolla argued that cross-burning alone does
not prove a person's intent to harm someone, and
therefore it is protected by the First Amendment.
"The two cases are in tension, to some degree,
in terms of my own feelings about freedom of
speech,'' Smolla said. "They defined the boundary
between what I thought was speech that was highly
offensive but still protected in the cross-burning
case and speech that crossed the line from merely
being offensive to being physically harmful in the
H it Man case ."
Smolla sleeps better these days, but he still has to
contend with friends and colleagues who disagree
with his position in either of those high-profile cases.
"And that's natural,'' he concluded. "That's what
happens when you get involved with those kinds of
tough controversies."
Karl Rhodes is a freelance writer based in Richmond.
continued/rampage 14
with a strong sense of the traditions and values of the profession; students with a strong sense of social responsibility, including a desire to treat service to the community, in what ever form it may take, as an essential element of the life of a lawyer. Are there new and better ways to accomplish these goals?
Are there creative new ways to
bring the issues of the day and
national players into the
law school?
This June, the U. S. Supreme Court in Grutter v. Bollinger stated that "universities and in particular, law schools, represent the training ground for a large number of our nation's leaders." I believe in the truth of that statement. It resonates, for me, with an observation made by Alexis de Tocqueville over a century ago in Democracy in America "that scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." That insight is more true now than ever. It is also a legacy that is specially connected to Virginia, the city of Richmond and the great Chief Justice John Marshall.
In a deep and profound sense, the quality of our life within the school community is dependent on how rigorously we address the issues of law and policy that affect the country. We do this to make our own lives more meaningful, and we do this to serve society. I believe that we ought to be judged to a significant degree by how effectively we demonstrate to the outside world our creative engagement with the issues of the day. This engagement is bipartisan: one of our graduates writing the opinion of the court and the other dissenting. Or, one representing the appellant and the other the appellee, in a case that shapes the future . There is no doubt in my mind that our law school already contributes significantly to national debate in many ways, large and small. But how can we do more? Let's put our thinking caps on.
Are there creative new ways to
package legal education,
integrating theory and practice?
Are there fresh new ways to place community experiences and service more centrally into the law school experience? Rather than simply follow the well-worn paths, maybe we can create an experience that is truly unique, that becomes an example for others, that will attract even stronger students and faculty because it is built around insights and innovations that mark it as distinctive and specially meaningful. Are there new ways in which to engage our students in the education of the "whole" lawyer? Are there new ways to explore and discuss issues such as balancing professional, personal and family life, maintaining one's mental and emotional equanimity in times of high stress, steeping students in traditions of professional civility, exploring how one makes the practice of law the pursuit of the "good life," in the sense of a life that is at once challenging, balanced, rewarding and meaningful?
Former Dean John R. Pagan and Smolla with Nina Totenburg of National Public Radio
DESIGNING A NEW FUTURE
Any such requirement would undoubtedly need to have an eclectic definition of what counts as pro-bono legal service and accommodate the various levels of competency that students have as they progress though their law school years. There are many intriguing possible benefits.
With wife, Michele, working on Habitat for Humanity project
Above all, this would be a statement of our values and our sense of what it means to be a lawyer. At the individual and institutional levels, it would send the message of dedication to our community, of connection to society. It would provide students with interesting practical experiences and opportunities for growth. And it would be an engine of creative endeavor. Does the idea merit exploration?
How can we make use of
emeritus faculty and retired
judges and lawyers?
We have a lot of untapped experience and wisdom around us. It starts with our emeritus faculty, colleagues who have given tremendously of themselves to the school. Our alumni include many senior judges and lawyers nearby who have much to offer the newest generation of incoming students. What kinds of things might we do institutionally to facilitate more interaction with these professors, judges and lawyers?
Are there ways to connect with
the city and region in a manner
that will attract national
attention and esteem?
Are there distinctive ways to take advantage of what the region around us offers, integrating the school with the community in ways that few other law schools have tried?
Should we become a center for
judges and judicial training?
Many of our graduates have gone on to distinguished careers at all levels of the state and federal judiciary. We are in the city that is home of the state's two appellate courts and the 4th Circuit. Judges already teach in our school, attend many of our events and are part of our extended family. Are there ways to create new programs that will enhance and solidify these connections in creative ways? Should we consider pennanent judicial training and continuing education programs or programs to train law clerks as part of our "staple diet" of activities?
Should we create academic
centers, speciality programs,
concentrations, certificate
degrees?
We currently have the Merhige Center in environmental law. It is something to be nurtured and expanded. Should we also look for ways to create new centers, speciality programs, concentrations or certificate degrees. Are there entrepreneurial or philanthropic opportunities to partner with other organizations, finding financial resources to start new programs that would contribute in some genuine way to society, enhance the educational opportunities of our students and bring fresh new spark and
Fa ll 2003 19
DESIGNING A NEW FUTURE
buzz to our program? Are there programs that we could start that would serve society, filling a need, and at the same time be attractive enough to other institutions, individuals or foundations to. make it possible to gamer the resources to create them?
How can we build
interdisciplinary connections and
partnerships with other branches
of the University?
A great liberal arts university is made all the greater by a great law school. And in these times, a Jaw school, if it aspires to greatness, must encourage ongoing collaboration - formal and informal -with other disciplines. We already have many interdisciplinary ties. But how might we create more?
How do we tend to the
infrastructure while being
innovative?
Creativity is a good thing. So is solidity and tending to the foundations. We desperately need more scholarship support for students. We need more faculty. We need to continue to improve the quality of our library. We need to remember the basics of solid legal education - the fundamental subjects, the building blocks of legal analysis and professionalism, and basic skills, such as good writing, effective communication, learning to listen and developing sound judgment. Please don't think for a moment that my spur to creativity is a slur to the fundamentals. I was raised on them and Jove to teach and promote them. My final question, then, is as basic as it gets: How do we combine the tried and true with the fresh and the new?
20 RICHMOND lAW
Making it happen
These questions, I hope, will spur more questions, trigger more creativity, generate more introspection and debate. The brainstorming should then give way to decision-making. After we organize, analyze and prioritize, we can come to consensus on a new blueprint for the future of the school, design the timetables and implementation strategies, and then dive energetically into the happy work of making it happen. Let's roll.
For all of us, I hope this will be a labor of love, an enterprise of joy. We are an extended family. Generations help generations. Seniors mentor and support juniors, who in tum energize us all. We need to raise money, raise expectations, and raise morale. With energy, hard work, and new resources, we can attract and retain faculty members of national stature,
recruit the country's best and brightest students, create new academic programs, generate partnerships with other academic units on the campus, forge alliances and joint ventures with other groups and entities and contribute to our surrounding community and our national life. At the end of the day, we can take pride in having helped make the school stronger, knowing that in doing so we have contributed to the profession and to society.
For my own part, I accept this challenge with humility and with the knowledge that inevitably we will have our ups and downs. But above all, I accept it with great optimism and a strong spirit of creative camaraderie. "Pragmatic idealism" might capture it.
I am delighted to have the honor of a leadership role in this collective enterprise. Let's be creative, professional, dedicated. And let's have fun.
FACULTY BRIEFS
FACULTY ACCOMPLISHMENTS
Margaret Ivey Bacigal , clinical presented papers at legal freedom and tenure, and Wolf, who came to Richmond professor, received a Story history conferences in makes recommendations to in 1987, taught a wide range Award from the Bonner Maastricht, The Netherlands, the association's annual of courses to law students Scholars Program and the and Dublin, Ireland. meetings. and undergraduates, includ-Office of the Chaplaincy for David Frisch contributed to the As editor of the journal of ing property, land-use her work to improve the lives 2004 supplement to Tbe Maritime Law and Commerce, planning, environmental law, of children and families in the Commercial Law of Intellec- John Paul Jones co-hosted a American legal history, local community. The awards are tual Property, published by symposium on "The Use of government, Faulkner in the given annually to honor Aspen Publishing Co. He also Evidence in Admiralty Cases" Jaw, Camelot in the courts, members of faculty, staff and wrote "An Overview of the at Newport, R.I. American immigration and student body who have made Amendments to U.C.C. Article Corinna B. Lai n took part in a ethnicity, and Jews in the outstanding contributions to 2" for the U.C.C. Bulletin, West Virginia CLE panel discussion American mind. He also the University and the Publishing Co. on "What's New in Civil served several years as Richmond community. Mary Heen has been appointed Procedure" in May. Her topic adviser to the University of Bacigal also was re-elected to a three-year tenn on a was a discussion of State Farm Richmond Law Review. A president of the board of committee on academic v. Campbell, a 2003 punitive native of Lakeland, Fla., Wolf directors of the Virginia freedom and tenure with the damages case. said, "My wife, Betty, and I Poverty Law Center. American Association of Michael Allan Wolf, former
take a lot with us as we make
Hamilton Bryson wrote "The University Professors. The professor of law and history, our move to Florida: memo-
Winchester Law School, 1824- committee, which is chaired by has been named the initial ries, enduring relationships,
1831" 21 Law and History Joan Wallach Scott, professor occupant of the Richard E. and the good wishes of our
Review (2003), and volume at the Institute for Advanced Nelson Chair in Local Govern-friends and colleagues."
60 of the Virginia Circuit Study, formulates association ment Law at the University of Contact Wolf at
Court Opinions. He also policy in areas of academic Florida's Levin College of Law. [email protected].
Visiting professors Carl Tobi as , professor of law at James Gibson , an intellectual facu lty as visiting professor of Thomas Odom, assistant the William S. Boyd School of property specialist who taught law. Kelly served as associate professor of law at Oklahoma Law, University of Nevada at Las at the Law School in 2002-03, dean and director of the LL.M. City University School of Law, Vegas, is the visiting Williams returned this year as visiting program in taxation at Golden is teaching civil practice and Professor for 2003-2004. Tobias assistant professor of law. Gate University School of Law professional responsibility this earned his bachelor's degree at Gibson received his bachelor's in San Francisco. She earned a fa ll . He holds a B.A., magna Duke University and his law degree, cum laude, from Yale B.A. at Vassar and a law degree cum laude, from Rutgers degree at the University of University and his JD. from the from the University of Virginia niversity and a J.D. , cum Virginia. From 1975-98, he was a University of Virginia, where he School of Law. She also holds laude, from the University of professor at the University of was a member of the editorial an LL.M. in taxation from the Pennsylvania School of Law. Montana School of Law. He has board of the Virginia Law New York University School of Henry L. Chambers Jr., the James visited on the faculty of law Review and was elected to the Law. She has served as adviser S. Rollins Professor of Law at schools including Georgetown, Order of the Coif. Gibson to a U.S. Tax Court judge and the University of Missouri-North Carolina, Seton Hall and clerked for Judge Karen Nelson worked for New York City's Columbia School of Law, will Temple. He has written exten- Moore of the 6th U.S. Circuit human resources administra- teach criminal law and white-sively on federal civil procedure Court of Appeals. He served as tion . She will teach wills and collar crime during the spring and federal courts, publishing in attorney-adviser to a member of trusts, and federal income tax. semester. Chambers received journals including California the U.S. Sentencing Co1111nis- Bernhard Crossfield , a prominent his B.A. and ].D. from the Law Review, Cornell Law Review, sion and later worked for German expert on corporate University of Virginia. He was Stanford Law Review, Columbia Williams & Connolly in law, returned to the faculty this a litigator at Fried, Frank, Law Review and Harvard Washington. He will teach fall . Grossfield, who holds a J.D. Harris, Shriver & Jacobson in journal on Legislation. He will intellectual property and John from the University of Muenster Washington. teach torts, products liability and Marshall Scholars seminars. and an LL.M from Yale, will constitutional law. Marci Kelly, an experienced tax teach comparative law.
law specialist, returned to the Fa /1 2003 21
NOTA BENE
This fall , my classmates and I from the Class of 1983 will celebrate our 20th reunion. As I reflect on the occasion, I find myself pondering two questions: Can I be this old? And do I look this old? Those questions also are interesting and appropriate for alumni to consider about the law school itself, which has now passed its 130th birthday. The alumni, in large measure, must maintain the heritage and traditions of our school. And they must, through active participation in activities and through financial support, seek to ensure that the school's "looks" are maintained. By that I refer to the physical plant and to the way the law school is perceived among prospective students, prospective employers, the bar and the judiciary.
Competition for the best and brightest students is as high as ever, with law schools all over the country raising money at record levels. We have a great school, and our recent successes with the Virginia Bar pass rate, improvements in our U.S. News ranking and the dramatic increase in applications for admission (an all-time high this year) illustrate that we are a law school on the move in the right direction. We have a strong administration and faculty, but they need our support for their efforts to realize the best outcomes.
We can provide support in many ways. For those in a position to hire our law graduates, make that a priority in your hiring decisions. For those who can donate
22 RICH~IOND LAW
time to teach as adjunct faculty, consider doing so to share your knowledge. And, for those who have the financial resources to
help our law school improve and move into the nation's top tier - and this means all of us at some level - please make giving a priority.
The leadership at the top of any organization is one measure of its strength and vitality. We have been fortunate to have many fine deans over the years and are now at a crossroads as we make the transition from the leadership of John
Pagan to that of Rod Smolla. To Dean Pagan, I extend, on behalf of the law school alumni, our sincere thanks for his tireless efforts and for the many accomplishments achieved on his watch. To Dean Smolla, our new dean, I extend best wishes and our pledge of support as he charts the next steps for the law school.
This fall , whether you are a recent graduate or have long since passed your 20th reunion, let me encourage you to place the
Law School at the top of your list of priorities. Come to Fall Gathering, take a look around, meet our new dean and talk with the students. Our school is a great place that desires and needs the support of every one of its alumni. It needs you. I hope to see you this fall.
By john C Ivins fr. , President, Law School Association
Krueger named high court clerk
Patricia H. Krueger, L'83, has been named clerk of the Supreme Court of Virginia.
Krueger had served as chief deputy clerk of the court for 13 years. She succeeded David B. Beach, L'76, who had been clerk since 1984. The transition from Beach to Krueger took place July 1.
Before coming to the court, Krueger, who earned her undergraduate degree from Duke University,
worked in private practice and in the Office of the Public Defender in Richmond.
At the Law School, she was a finalist in the 1981 Carrico Moot Court Competition and co-chair of the Moot Court Board.
The clerk's office receives, processes and maintains records of appeals to the state's highest court. It also maintains a list of qualified attorneys.
In response to her appointment, Krneger said, "This appointment is a great privilege and I look foiward to serving the Supreme Court and the Conunonwealth."
Meeting the challenge Benjamin wins pro bono award
Steven D. Benjamin's career has included high-profile white-collar cases, capital murder defenses and well-publicized dealings with
heavyweight politicians. But it was a pro bono case involving a trespassing charge that
landed him in front of the U.S. Supreme Court.
"That," said
Benjamin, 1'79, "was the most intense professional experience I've had. "
For his longstanding
commitment to representing poor Virginians, Benjamin was presented the Lewis F. Powell Jr. Pro Bono Award by the Virginia State Bar last May at a conference on campus. The award is named for the late Justice Powell, who championed legal services for the poor throughout his career.
Benjamin, who practices in Richmond, has worked for years to increase the pay of court-appointed lawyers so that indigent defendants are more likely to receive adequate representation. He won a case in Virginia that resulted in a requirement that the state pay for foren
sic expert assistance in some indigent criminal cases.
He has worked voluntarily with the Virginia legislature on matters ranging from the execution of the mentally retarded to DNA defense issues to reorganization of the criminal code. He also is a founder of the Virginia Indigent Defense Coalition.
A native of Swansboro, N.C. , and a graduate of East Carolina University, Benjamin's practice is almost exclusively criminal defense.
"I love the challenge that comes with the work as well as the fact that I'm doing something worthwhile for people who need help," he said.
He and his law partner, Betty Layne DesPortes, provide pro bono help because "that's the way my parents raised
me and that's what I learned at law '
school. "People come to us with problems
that we just can't walk away from. To not represent someone who faces some unconscionable charge because they don't have the money would be like a doctor walking away from a catastrophic accident. It's our obligation as lawyers to help. "
Away from work Benjamin also seeks challenges. He participates in ultra marathons, such as the 140-mile Marathon de Sables in the Sahara desert, which he has run three times, once finishing as the fastest American. He has raced from Athens to Sparta (156 miles) in 35 hours, 19 minutes.
Why? "It's the challenge," he said. "Intensity, focus of effort, determination. That's my recreation."
The same characteristics were valuable when Benjamin stood before the
NOTA B E N E
highest court on behalf of Kevin Hicks. Hicks had been charged with trespassing as he delivered diapers to his child in Richmond's Whitcomb Court housing project.
Benjamin challenged the city housing authority's right to use trespassing laws to keep people it viewed as undesirable out of the projects. The Supreme Court in June refused to invalidate the policy and sent the case back to Virginia courts to consider
related issues. Benjamin, who is often on campus
as an adjunct faculty member teaching scientific evidence, said understanding the fundamentals of constitutional law was the most important part of his law school education.
"We learned what a powerful tool the Constitution can be to restrain abuses of power and to give voice to the defenseless," he said. "As a lawyer, I can do what others often cannot. "
- By Rob Walker
Fall 2003 23
CLASS ACTIONS
c Vasil Fisanick, L'50, of Northern Cambria , Pa., and his wife , Rita, are ce lebrating their 44th wedding ann iversary this fall. Richmond Law regrets that it incorrect ly stated in the last issue that Mrs. Fisanick had passed away.
Boyce C. Wornom , B'51 and L'54, has been recognized as a life
member of the Virginia Bar Association.
James T. Edmunds, L'55, and his wife , Harriett, are retired and live in a sma ll community on Colington Island in the Outer Banks of orth Carolina, where he serves as president of the Bay Cliff Association.
Leona rd A. Paris, L'62, has formed the Richmond firm of ParisBlank LLP , with Irving M. Blank, L'67.
Hon . Buford M. Parsons Jr., B'58 and L'62, has been recognized as a life member of the Virginia Bar Associat ion.
James E. Spinks, L'62, has been recogn ized as a life member of the Virginia Bar Association.
24 RICHMOND LAW
I4etions Hon . George F. Tidey, B'55 and L'63 , has been recognized as a life member of the Virg inia Bar Association.
The Hon. Von L. Piersall Jr., R'61 and L'64, retired from the Circuit Court in Portsmouth on Dec. 31 , 2002, after eight years. He prev iously served 24 years as judge in the Juvenile and Domestic Relations District Court and was a commonweal th 's attorney for seven years.
James Hutton , L'65 , has been listed in The Best Lawyers in America. He is with Sadler, Ingram , Sutherland and Hutton in Blacksburg, Va.
Irv ing M. Blan k, L'67, has formed the Richmond firm of ParisBlank LLP, with Leonard A. Paris , L'62.
Michael Rigsby, L'69, is an attorney with the firm of Carrell , Rice & Rigsby, which focuses its practice on federal and state civil lit igation, admin istrative law and corporate issues. He continues to represent attorneys , law firms and other licensed professionals.
Mike Ferguson, B'67 and L'70, and his wife Anne Margaret Larson Ferguson , W'69, have homes in Smith Mountain Lake and Roanoke , Va . Their son Stephen is pursuing an acting career in California.
Conard B. Mattox Ill, R'71 and L'76, has joined Mccandlish Ho lto n as a d irector and member of the health care group.
Greer P. Jackson , L'73, has been elected secretary of the board of directors of Commonwealth Catho lic Chari ties.
Harold Kestenbaum, L'74, has joined Farre ll Fritz in Long Island , N.Y.
Ben R. Lacy IV, L'74, has been selected as one of Virginia Business' "Legal Elite. " The list features the top 400 attorneys who practice in nearly every major specia lty of law throughout Virginia .
David B. Beach, L'76, retired Ju ly 1 as clerk of the Supreme Court. of Virgin ia.
Glenn W. Pulley, R'73 and L'76, has become a fe llow of the American College of Tria l Lawyers . He is a senior partner in the law firm of Cleme nt & Wheatley.
His son, Drew, graduated from Richmond in May and his son Jeffrey, '01, is a law MudentatFordham.
Wilson R. Trice, L'76, has joined Thompson & McMullan as a director. He has a gene ral bus iness law p ractice .
Katrin Belenky Colamarino, L'76, continues to practice technology and e-commerce law at JP Morgan Chase Bank in
ew York City, where she manages a team of 16 lawyers a nd paralegals . She and her husband, Len , enjoy weekends in Woodstock , N.Y., which she says is still a hip, artistic town. They have three gra ndchildren from Katrin's daughter , Rachel , who is a psychological counselor living in Israel.
Gregory B. Robertson , L'76, has been elected to the board of directors of the Virgin ia Chamber of Commerce.
Steven M. Edmonds, L'77, has been elected chairman of the board of directors of Gateway Homes of Greater Richmond. He also has been named vice president and genera l counse l with Ethyl Corp.
Paul D. Fraim, L'77, an attorney in Ha mpton Roads, Va., was inducted as a fellow of the Virginia Law Foundation.
Conard B. Mattox Ill , R'71 and L'77, has joined Mccandlish Holton PC as a director and member in the firm 's health care team. His practice focuses on represe nting health care providers in transactiona l matters , joint ventu res and strategic planning.
John C. Shea, L'77, has been appointed to the faculty of the Virginia College of Trial Advocacy. He is an attorney with Marks & Harrison.
Michael A. Glasser, L'78, an attorney in Hampton Roads , Va ., was inducted as a fellow of the Virginia Law Foundation.
John Mille r, L'78, owns his own firm in Springfield , Mass.
Sara Redding Wilson, L'78, has been appointed to the Commonwealth Competition Council by Gov. Mark Warner. She is director of the Virginia Department of Human Resource Management.
Craig Rascoe, B'76 and L'79, was elected a vice president of Williams Mu llen. He is chairman of the firm 's tax section.
John Cole Gayle Jr., L'79, has opened a new firm, The Consumer Law Group . The Richmond fi rm focuses on protecting the rights of consumers and victims of fraud in Virginia.
Marion S. Cooper, L'81 , has joined WallacePledger as an associate.
Patrick C. Devine Jr., L'81 , was appointed chairman of the Virginia Bar Association's health law section. Devine, an attorney with Hofheimer Nusbaum, is listed in The Best Lawyers in America in the health law, corporate mergers and acquisitions, and securities law categories.
Carol Wingo Dickinson, L'83, is board member and president of Jackson Feild Home for Girls .
Steven L. Higgs, L'83, of the Roanoke , Va., firm of King & Higgs PC, has been recertified in consumer bankruptcy law by the American Board of Certification. He has been certified in consumer bankruptcy law since 1998.
Will iam Henry "Hank" Sipe Ill , L'83, has been included in The Best Lawyers in America. He is an attorney with the Rock Hill , S.C. , office of Kennedy Covington Lobdell & Hickman.
Lucia Anna Trigiani , L'83, has been appointed to the Virginia Board of Health Professions by Gov. Mark Warner.
T. Dan iel Christenbury, L'84 and GB '85, has joined the Philadelphia office of Piper Rudnic LLP, as a partner and head of the intellectual property group in that office.
William J. Rogers, L'84, has been named managing attorney for the business services group at the Framme Law Firm.
Carolyn Lavecchia, L'85, has received the Metropolitan Richmond Women 's Bar Associa tion Women of Achievement award.
Peter M. Mellette, L'85, is with Hancock, Daniel, Johnson & Nagle PC, in Glen Allen, Va.
Aubrey Russell Bowles IV, L'86, and his wife , Louise , have triplets: Aubrey Russell Bowles V, Drury Wood Knight Bowles and Mary Madison Bowles. They join sister Carrington Southall Bowles, 2.
Mark Kevin Ames, L'87, has been named managing attorney for the consumer services group of the Framme Law Firm. He concentrates his practice in administrative and judicial appeals of state and local tax issues , commercial litigation and personal injury.
Malcolm P. "Mic" McConnell Ill , R'84 and L'87, was lead counsel in obtaining what is reportedly the largest medical malpractice verdict in Virginia history, $6.5 million. He is chief of the medical malpractice section of the Richmond-based firm of Allen , Allen, Allen & Allen. He also is the editor and co-author of Medical Malpractice Law in Virginia.
-
ALUMNI PROFILE
CLASS A C TIONS
Donald T. Floyd, L'92, wins awards for what he calls his "retirement hobby" - providing free legal assistance to people in need.
The Virginia State Bar awarded Floyd the 2002 Lewis F. Powell Jr. Pro Bono Award, honoring him for thousands of hours of professional service without compensation. He also received the 1997 Pro Bono Publico A ward of the Bar Association of the City of Richmond.
Floyd said he was surprised at the recognition. "The work at legal aid with staff and clients was personally satisfying to me."
PRO BONO Floyd's legal career began at an age when most people are considering retirement.
WORK BRINGS He entered the University of Richmond HONOR, FULFILLS School of Law in 1989, graduated in 1992
and passed the bar exam at age 60. DREAM He and wife, Judy, were looking for a
new life after his service in the Air Force and a 31-year insurance career, mostly in central New York .
"I didn 't want to retire and just go play golf," he said. He decided to pursue a third career - a lifelong interest in law.
Floyd chose the law school because of its comfortable size and the lifestyle of the area.
"It turned out to be a good fit ," he said. "I wish I had gone to law school right out of college. It 's a good education regardless of the field you pursue ."
After graduation, he found the job market weak and the long hours unappealing.
"I decided I didn't want to get into that meat grinder, starting out at the bottom and working your way up ," he said. "I didn 't want to be tied down."
Henry McLaughlin, executive director of the Central Virginia Legal Aid Society, took Floyd under his wing. CVLAS gave him a chance to develop his own cases without a strict schedule.
"It was the best of both worlds, " Floyd said. He soon decided to forego private practice altogether. Instead,
he devoted about 20 hours weekly to CVLAS, working on everything from foreclosures to estate squabbles and insurance disputes.
Although CVLAS has experts in fields such as housing and employment, "a lot of the problems that came to legal aid fell in between these areas," said Floyd, who took on "miscellaneous cases" that needed attention.
After eight years with CVLAS, Floyd and his wife reluctantly decided it was time to move to Bethlehem, Pa., to be closer to family.
Floyd never thought about the money he could have made in private practice.
"I was happier doing what I was doing,'' he said. At 71, Floyd still seeks opportunities . He and his wife travel
extensively, and he makes numerous trips to the Far East with his son, who lives in Taiwan. He also is seeking more pro bono work.
"Almost all of my contemporaries are retired, but I don't particularly like retirement, " Floyd said. "The pro bono work adds structure and a sense of accomplishment to my life. "
- By Betsy Powell Mullen
Fall 2003 25
CLASS ACTIONS
In Memoriam
Helen K. Bailey, L'81 . May24, 2003
Sidney Barney, R'40, L'59 May 10, 2003
Duncan M. Byrd Jr., L'68 July 16, 2003
Chris A. Christie, L'68 May 16, 2003
Carle E. Davis, L'53 April 9, 2003
John L. Dillow, L'25 March 10, 2001
John W. Edmonds Ill, R'53, L'56 May21, 2003
Edward Brodnax Haskins Jr., L'59 May 31, 2003
James L. Mclemore, L'40 June 9, 2003
Bernard E. Oslin, L'29 November 23, 1998
William V. Rennie, L'35 October 15, 1998
A. Grey Staples Jr., L'66 March 30, 2003
William David Temple, L'40 April 9, 2003
Herbert T. Williams 111, L'55 December 29, 1998
James Wilson Jr., L'87, has formed Abacus Mortgage Corp., a mortgage loan brokerage in Mount Pleasant, S.C.
Stanley P. Wellman, L'87, has been elected to the board of the Greater Richmond SCAN (Stop Child Abuse Now).
Sallie Hunt, L'89 , has been named West Virginia 's chief privacy officer, focusing primarily on HIPAA compliance issues.
26 RJ CHMO D LAW
Daniel M. Koliadko Jr., L'89, has joined the Chattanooga, Tenn.,
· firm of Leitner, Williams, Dooley and Napolitan PLLC. He focuses his practice on broad-based health care, professional and general liability litigation, employment and general corporate practice.
Blair Jacobs, L'90, is a senior attorney with Pillsbury Winthrop in the firm's McLean, Va., office.
K. Ruppert Beirne, L'91 , and his wife, Danise, welcomed a daughter, Samantha Jane , on March 20, 2003. She joined brothers Adam, 12, Daniel, 10, and Jonathan, 7.
Brett Geisler, L'91, has been appointed Virginia Circuit Court judge for Radford and Carroll counties.
Heather E. Fairbanks, L'91, has transferred from the Office of Staff Counsel, U.S. Court of Appeals for the 4th Circuit, to the U.S. Department of Justice Civil Division . She is a member of the September 11th Victim Compensation Fund.
George L. Hiller, L'91, will direct the new international business program within the Southwest Virginia Higher Education Center.
Victor Narro, L'91 , presented a workshop, "Community and Legal Responses to Post 9/ 11 INS Worksite Enforcement, " at the Low-Income Immigrant Rights Conference in Washington, D.C. His "Running for Dignity" immigrant workers marathon team recently completed its 20th marathon in Palos Verde , Calif. Narro ran his personal best, 4 hours and 22 minutes,
and his team raised money to support a cooperative project for immigrant gardeners in Los Angeles.
Andrew T. Shilling, L'91, opened his own firm, Givando & Shilling in Chesapeake, Va . He has a daughter, Whitney Lynn, who is 18 months old, and a son, Spencer Franklin, 3.
Jerry M. Wright Jr., L'91, is an associate with Chadwick, Washington, Otters, Moriarity & Lynn PC, in Glen Allen, Va. He previously served six years as senior staff attorney with the Supreme Court of Virginia.
Lisa Frisina Clement, L'92, has been elected a shareholder of PennStuart in Richmond.
Kathleen C. Dolan, L'92, and her husband, Jim Weidman, have two children, Trent and Meg. She writes a weekly newspaper column on religion. Her first novel, Langley's Choice, is scheduled for publication this fall.
Alison Wright Feehan, L'92, and Tim Feehan, L'92, had a son, Hugh Timothy, Nov. 28, 2002.
William T. Fitzhugh, L'92, has joined Bowen, Champlin, Carr & Rockecharlie. He will concentrate in domestic relations and adoption law.
Hon. Garland L. Bigley, L'92 , is serving as a judge in the 11th Judicial District of Virginia, sitting in Nottoway and Powhatan counties. Judge Bigley and her husband, Dr. H. Alan Bigley Jr., are the proud grandparents of Parker Abbott Bigley, the first girl born into the Bigley family in 65 years.
Penny A. Land, L'92, has been named partner in the law firm of Kluever & Platt LLC, in Chicago . She specializes in mortgage foreclosure , bankruptcy and real estate.
Jeffrey K. Mitchell, L'92, has been elected to the board of directors of the Virginia Public Safety Foundation .
Brian R. Pitney, L'92, has been appointed to the fund development committee of the Children's Museum of Richmond. He is an attorney with Sands Anderson Marks & Miller's business , finance and real estate practice group.
Henry R. Pollard V, L'92 and GB'93 , has been named a partner in the Richmond firm of Christian & Barton LLP. He joined the firm in 1995 and concentrates in environmental law.
Stephen Robert Wills, L'92, and Christie Meredith were married Feb. 1, 2003.
Ellen Brown, L'93, and her husband, Orran, had a son, Andrew Ryland, Jan . 17, 2003.
Richard Barton Campbell, L'93, has been elected to the board of trustees of Trinity Episcopal School.
Stephanie E. Grana, W'90 and L'93, has been elected president of the Metropolitan Richmond Women's Bar Association.
Brad Jacob, B'89 and L'93, and his w ife, Juli e , had a son, Henry Bradfo rd , Ja n. 24, 2003.
Anne D. McDougall , L'93, was appointed by Virginia Gov. Mark Warner to the Board of Regents of the James Mo nroe Law Office Museum and Memorial Library. She is an attorney w ith Freed and Shepherd .
Edward F. Rockwell, L'93, is servi ng as lead lega l counse l to HewlettPackard's Services business in Europe , the Middle East and Afri ca. He is based in Milan, Italy.
John T. Pendleton, L'93, who is with the firm Gottesman and Hollis , recently received the 2002 Robert E. Kirby Award at the ew Hampshire Bar Foundation's 25th anniversa ry celebration dinner.
Margaret Smither, L'93 , is past chairwoman of Commonwealth Ca tholic Charit ies.
Jeremy Sohn, L'93, has joined Snell & Wilmer's Tucson, Ariz., law office as an associa te . His practice concentrates on esta te p lanning and taxation issues.
Kristin S. Gibbons, L'94, and her husband , Christopher, welcomed a da ughter, Jenna Ka therine , on Feb. 25 , 2003. She jo ined s ister Alexa Elise , 5.
Lisa Spickler Goodwin, L'94, w ith Hirschler Fleischer, is immediate past preside nt of the board of directors of Barksdale Theatre.
John C. Lynch, L'94, has been elected to partne rship at Troutman Sa nders LLP. He is a member of the complex litigation practice gro up .
Samuel L. Tarry Jr., L'94, has been named a partner at McG ui reWoods. He is a member of the products li ability and lit igation management department.
Elizabeth Trahos, L'94, has been named a partne r w ith Holt York McDarris and High . She foc uses on land-use , municipal and administrative law.
Travis R. Williams, R'91 and L'94, has been appointed to a six-yea r term as a substitute judge for the 12th Judicial Circuit and the General District and Ju venile and Domestic Relations Court for Chesterfield County and Colonial Heights , Va.
David F. Bernhardt, L'95, has joined Florance, Go rdon and Brow n PC as an associate . He w ill practice in the firm 's reside nti al and commercia l rea l estate de partment .
Tim Dorsey, L'95, was named partner at Willi ams Mullen . He practices in the fi rm's Virginia Beach offi ce.
ALUMNI PROFILE
CHANGING CAREERS
TOMAKEA
CLASS A C T IONS
In 1997, Robin Starr made a dramatic career move, trading the courthouse for the doghouse. She left her position as partner in a prominent Richmond law firm to become CEO and executive director of the Richmond SPCA.
Starr, 1'79, had every intention of spending her career practicing law. She worked as in-house counsel of the A.H. Robins Company before joining Williams Mullen Clark and Dobbins where she became a partner in the business section. But a part of her itched to make a serious contribution to her community and to leave an important legacy.
When she heard the SPCA's executive director would resign soon, Starr leaped at the opportunity.
CONTRIBUTION Starr cites her educational experience at the law school as an extremely valuable
part of her life , and she applies lessons learned there to her work today.
Using her legal education regularly on behalf of the SPCA, Starr is in charge of everything from care of the animals to balancing the books. She runs the SPCA's annual fund campaign, manages its $3 million budget, and recently directed a drive to raise funds for the humane society's new $14 million, 64,000-square-foot building. The facility has drawn national attention to the Richmond SPCA. It features a spay-neuter clinic, and a track and training center. The center also offers educational programs aimed at addressing the area's homeless pet problem.
For all her efforts , Starr finds her new career rewarding. Since joining the Richmond SPCA, a no-kill humane society,
it has reduced the deaths of homeless animals in Richmond by 41 percent, Starr said.
"That's what's rewarding - saving animals who are wonderful pets for somebody's home and life. "
The rewards outweigh the substantial pay cut that Starr took when she left her law practice, though she felt some guilt initially.
"It 's amazing once you start doing something that you feel is a huge contribution to your community, it doesn't matter anymore that you make Jess money. You take such pride in what you do that the paycheck doesn't matter as much."
Through the changes, Starr 's family has supported her decision. Her husband, Edward H. Starr Jr. , also graduated from the law school in the class of 1979. They have a daughter, Tyler. The two met in the registrar's office the first day of law school.
"Ed has been extremely supportive and has always thought that I would love it and that I should do it. Tyler is nine, and of course she loves it because I have absolutely the coolest job of any parent in her class ."
As for the future , Starr said that although she initially saw herself returning to law, she has no plans to leave the SPCA. "I love what I do. It is very rewarding and inspiring. I think I'm here for life."
- By Sara B. Walker
Fa/12003 27
•
CLASS A CT IONS
David DuVal, L'95, has been named partner at Williams Mullen.
John M. Holloway Ill, L'95, has been named a partner at Hunton & Williams.
Christopher A. Jones, L'95, has been named a partner of Leclair Ryan.
Charles A. Rohde, L'95, and his wife , Susan, have a son, Denton True.
Elizabeth S. Byrd-Roberts, L'95, and her husband , John Eric Roberts, had a son , Joshua Hale, on Jan. 10, 2003.
L. Scott Seymour, L'95, is a partner at Kauffman & Canoles in Newport News , Va .
Sharon England, L'g6, has received the Metropolitan Richmond Women 's Bar Association's Women of Ach ievement award.
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Susan Parrish, L'g6, has joined Duane, Hauck & Gnapp as an associate .
Stephanie Lindsey Hiss, L'97, and her husband, Alan , welcomed a son, Daniel James , on Jan. 4, 2003.
Kristine Dalaker Kraabel, W'92 and L'97, and her husband, Tom , have moved to Shanghai , China , where she works for the law firm of White & Case.
Elizabeth Musick, L'97, has joined McGuireWoods Consulting as an assistant director in government relations.
Matthew Farley, L'g8, has been elected to the board of directors of the metro Richmond division of the Ameri-can Heart Association.
Jason P. Livingston, L'g8, has been promoted to ass istant director for contract administration for Uni ted Network for Organ Sharing. He continues in the ro le of staff attorney in the co rporate counsel department.
Melissa M. Riahei, L'g8, has jo ined Wildman Harrold as an associate in the firm's Chicago office . She will work in the areas of complex corporate litigation, commercia l and gov-ernmenta l matters.
Alan Porter Vaughan, L'g8, is an associate vice president with Davenport & Co.
Relenee Cook, L'gg, is an associate at the Rhea & Miller law firm in Staunton, Va.
Jeffrey Lee Harvey, L'gg, is an associate at Troutman Sanders LLP, in Washington.
William Lanphear, L'oo, is assistant public defender fo r Broward County in Fort Lauder-dale, Fla.
Thomas I. Queen, L'oo, has relocated to Austin, Texas, and is practicing corporate law with Graves, Dougherty, Hearon & Moody PC.
Faisal S. Qureshi, L'oo, has been appointed to the associate board of the Richmond SPCA.
William S. Tate, GB'oo and L'oo, who is with Hirschler Fleischer, has been elected second vice president of the board of trustees of the Friends Assoc iation for Chi ldren.
Sean Tluchak, L'oo, is a partner in the firm of Rothenberg, Streeter & Tluchak PC. He special-izes in civil litigation.
Deborah Faye Barfield, Eric Gregory, A'g6 and L'o1, has been L'o2, has joined Morris appointed assistant and Morris as an associ-director of Virginia ate. He will concentrate Commonwealth on civil litigation. University 's Nonprofi t Enterprise Institute, an Robert F. Holland, administrative faculty L'o2, has joined position in the depart- McGuireWoods as ment of political an associate in labor science and public and employment. admin istration.
Christopher K. Peace, Leigh Archer Brabrand, L'o2, is assistant vice L'o1, and her husband , president in grassroots Jonathan Brabrand, issue management with B'97, had a daughter, McG uireWoods Consult-Lauren Grace, Jan. 6, ing LLC. His primary 2003. areas of concentration
are multi -state govern-Jennifer C. Hunt, L'o1 , ment relations and loca l and David W. Kazzie, and state lobbying. L'gg, were married on
ov. 9, 2002 , at Can- Eric C. Reed, L'o2, has non Memorial Chape l. joined Kaufman &
They live in Richmond. Canole's commercial section in Norfolk , Va.
Philip Landau, L'o1, has joined the Fort Lauder- Shane Jimison, L'o3, dale , Fla. , office of married Kristin Marie Ake rman Sentefitt as an Weber , A'Ol, on associate in litigation. Dec. 28, 2002 . Included
in the wedding party Christine Nguyen were Julie Rumble, Piersall, L'o1 , has joined A'02 , and David Hudson, the Portsmouth , Va. , L'o3. The couple lives office of Hofheimer in Richmond. Nusbaum , where she practices in the firm 's estate planning , hea lth care law and commer-cial transactions sections.
Andrew Biondi, L'o2, has joined Sands Anderson Marks & Mil ler as an associate in the busi-ness and professional litigation practice group .
J. Scott Efird, L'o2, has joined the Richmond firm of Florance, Gordon and Brown PC, as an associate.
When a federal grand jury indicted Martha Stewart this June on
charges of securities fraud and obstruction of justice, the man in
the media glare with the official version of the news was very
familiar to many law alumni.
James B. Corney, U.S. attorney for the Southern District of
New York, taught as an adjunct faculty member at the
University of Richmond School of Law for several years in the
1990s.
Corney, who was appointed U.S. attorney for the Manhattan
district in 2002, is no stranger to the bright lights of high-profile
cases. He served as lead prosecutor in United States v.]ohn Gambino et al., a six-month mafia racketeering and murder trial.
In the Eastern District of Virginia, he handled the Khobar Towers
terrorist bombing case, arising out of the June 1996 attack on a
U.S. military facility in Saudi Arabia, which killed 19 airmen.
Corney graduated from the College of William & Mary with a
double major in religion and chemistry. He went on to graduate
with honors from the University of Chicago Law School.
He worked in the U.S. attorney's office in New York early in
his career where he was mentored by prosecutors such as Louis
Freeh, who would become FBI director, and Rudy Giuliani,
who would become mayor of New York City.
Corney and his young family returned to Richmond in the
early 1990s with an assist from Richard Cullen, L'77, who was
with the U.S. attorney's office here.
Because of a hiring freeze in that office, Cullen
recommended Corney to the McGuireWoods law firm. Corney
soon made partner. When Cullen rejoined the firm in 1993, the
two worked on the same team.
"It was apparent to us all that Jim had immense talent in and
out of the courtroom," said Cullen, who would go on to serve
as Virginia attorney general before returning to McGuireWoods.
Cullen is godfather of one of Corney's children.
Corney joined the U.S. attorney's office in Richmond in 1996,
filling the position that opened up there when John G.
Douglass left to join the law school faculty. The two remain
friends.
Corney helped create Project Exile, a widely praised and
imitated approach to reducing crime during a particularly
violent period in many U.S. cities in the mid to late 1990s.
Project Exile required that all firearms violations meeting
minimum criteria for federal involvement be prosecuted by the
U.S. Attorney's office. With federal attention, crime rates in the
city plunged.
Corney taught trial advocacy and appellate advocacy in the
lawyering skills program at the law school, which Douglass directs.
"Jim brought his astonishing breadth of experience to our
lawyering skills program," Douglass said. "He was a talented
professor, whose example challenged his students to seek the
highest level of professionalism. We miss him a great deal and
expect him to return once he gets things straightened out in
New York."
Recently, Corney said he stays in touch with Douglass and
several other law school colleagues as well as former students.
"I have many happy memories of the law school," he said.
"It was a great experience to get to watch the students as they
blossomed into trial lawyers during the second year trial skills
program. I think they all dreaded it at the start but came to see
it as incredibly valuable. John Douglass deserves the credit for
that. He designed and ran a terrific program."
"We knew he would be successful when he returned to New
York," Cullen said. 'The only surprise may be that it happened so
quickly."
- By Rob Walker
UNIVERSITY OF RICHMOND FOUNDED 1830
University of Richmond School of Law
University of Richmond Virginia 2317 3
Non-Profit Organization U.S. Postage Paid
Permit No. 6 University of Richmond, Va.